Which of the following is an escape from the best evidence rule related to destruction of the original document?

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Which of the following is an escape from the best evidence rule related to destruction of the original document?

Explanation:
The key idea is that the best evidence rule normally requires proving a writing’s contents with the original document. However, there is an escape when the original has been destroyed in good faith. If the destruction occurred without bad faith, the contents can be proved by other admissible evidence (such as a copy or other evidence of the content) because the original is no longer available. Destruction in bad faith would usually bar this secondary evidence. The other options don’t fit this specific escape: sealing by court order relates to confidentiality, not proving contents; proving contents by memory isn’t the recognized exception for the destruction scenario; and a summary is a separate rule for proving contents of voluminous writings, not the destruction-specific exception.

The key idea is that the best evidence rule normally requires proving a writing’s contents with the original document. However, there is an escape when the original has been destroyed in good faith. If the destruction occurred without bad faith, the contents can be proved by other admissible evidence (such as a copy or other evidence of the content) because the original is no longer available. Destruction in bad faith would usually bar this secondary evidence.

The other options don’t fit this specific escape: sealing by court order relates to confidentiality, not proving contents; proving contents by memory isn’t the recognized exception for the destruction scenario; and a summary is a separate rule for proving contents of voluminous writings, not the destruction-specific exception.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy